SEC FOIA Exemptions
Exemption 5: Information that concerns communications within or between agencies which are protected by legal privileges, that include but are not limited to:
- Attorney-Work Product Privilege
- Attorney-Client Privilege
- Deliberative Process Privilege
- Presidential Communications Privilege
What are exclusions?
Congress has provided special protection in the FOIA for three narrow categories of law enforcement and national security records. The provisions protecting those records are known as “exclusions.” The first exclusion protects the existence of an ongoing criminal law enforcement investigation when the subject of the investigation is unaware that it is pending and disclosure could reasonably be expected to interfere with enforcement proceedings. The second exclusion is limited to criminal law enforcement agencies and protects the existence of informant records when the informant’s status has not been officially confirmed. The third exclusion is limited to the Federal Bureau of Investigation and protects the existence of foreign intelligence or counterintelligence, or international terrorism records when the existence of such records is classified. Records falling within an exclusion are not subject to the requirements of the FOIA. So, when an office or agency responds to your request, it will limit its response to those records that are subject to the FOIA.